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S.D.N.Y.Procedural orderFiled Sept. 29, 2022

CUNNINGHAM v. PORT AUTHORITY AGENCY OF NEW JERSEY STATE AND NEW YORK STATE

Judge
Jesse Furman
Docket
1:22-cv-06236
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

Cunningham v. Port Authority Agency: Judge Furman dismissed the case, denied appeal fee waiver, and entered judgment for defendants.

Who this affects

Benjamin Cunningham and the defendants. The judgment dismissed the case, entered judgment for the defendants, closed the case, and denied Cunningham permission to appeal without paying filing fees.

What happened

In Cunningham v. Port Authority Agency of New Jersey State and New York State, the court dismissed Benjamin Cunningham’s case based on reasons given in an earlier order dated September 28, 2022.

The judgment states that an appeal would not be taken in good faith, so Cunningham was denied permission to proceed without paying fees for an appeal. The court entered judgment for the defendants and closed the case.

Judge Jesse Furman was the judge identified for this case, although the judgment itself was signed by the court clerk, Ruby J. Krajick.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
CUNNINGHAM v. PORT AUTHORITY AGENCY OF NEW JERSEY STATE AND NEW YORK STATE · No. 1:22-cv-06236
Judge
Jesse Furman
Date
Sept. 29, 2022

Disposition

The court dismissed the case for the reasons stated in its September 28, 2022 Order. The judgment does not include the reasons from that earlier order, so the basis for dismissal cannot be determined from this text alone.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying the required filing fees. Judgment was entered in favor of the defendants, and the case was closed.

Uncertainty

The judgment identifies Jesse Furman as the judge through the supplied case information, but the document itself is signed by Clerk of Court Ruby J. Krajick. The opinion text does not state whether the dismissal was with or without prejudice.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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